Marcus Morton (judge)
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Marcus Morton (April 8, 1819 – February 10, 1891),
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lawyer and jurist who served as chief justice of the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...
, was born in
Taunton Taunton () is the county town of Somerset, England, with a 2011 population of 69,570. Its thousand-year history includes a 10th-century monastic foundation, Taunton Castle, which later became a priory. The Normans built a castle owned by the ...
, the son of future
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Marcus Morton Marcus Morton (1784 – February 6, 1864) was an American lawyer, jurist, and politician from Taunton, Massachusetts. He served two terms as Governor of Massachusetts and several months as Acting Governor following the death in 1825 of Willia ...
and his wife Charlotte (''née'' Hodges). He attended Bristol County Academy, was graduated from
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in 1838, and from
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in 1840. After one year in the Boston office of Judge Peleg Sprague, he was admitted to the
Suffolk Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include Lowes ...
bar in 1841 and practised in Boston for seventeen years. His first appearance in a public position was as a member of the
Massachusetts Constitutional Convention of 1853 The Massachusetts Constitutional Convention of 1853 met from May 4 to August 2 in order to consider changes to the Massachusetts Constitution. This was the third such convention in Massachusetts history, following the original constitutional conve ...
, in which he sat for
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, his home from 1850. In 1858 he served in the state House of Representatives, where he was chairman of the committee on elections and rendered reports on important questions regarding election law, which the House came to follow. His judicial service began with his appointment in 1858 to the superior court of Suffolk County and continued unbroken for over thirty-two years. During these years he was one of the original ten members of the state superior court, organized in 1859; Justice of the Supreme Judicial Court of Massachusetts from April 15, 1869; and chief justice from January 16, 1882 to August 27, 1890, at which time he resigned because of ill health. He died of heart failure in Andover, leaving his widow, whom, as Abby B. Hoppin of
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, he had married on October 19, 1843, a son, and five daughters. Morton was by temperament an excellent judge, thorough, strong and reliable rather than brilliant, rapid in assimilating materials and in dispatching business, always accessible, of sufficient learning, courageous in deciding according to his convictions, and of unusual practical sagacity and native shrewdness. Possessed of a direct and vigorous sense of justice, he viewed cases comprehensively, aiming at substantial justice rather than "the sharp quillets of the law". His summaries to juries were characterized by their simplicity, intelligibility, accurate sense of proportion, and impartiality. His judgments, of which over twelve hundred are recorded in the ''Massachusetts Reports'', are compact, clear, and forcible, and, in the opinion of his associates, contain few dicta which will require overruling or qualifications. As a ''
nisi prius ''Nisi prius'' () (Latin: "unless before") is a historical term in English law. In the 19th century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for ac ...
'' judge he is said to have had few equals in the history of the Commonwealth of Massachusetts. In private life he was plain and unassuming and, though of great personal charm and popularity, averse to public display.


References

*''Dictionary of American Biography'', vol. 13, pp. 261–2. New York,
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, 1934. {{DEFAULTSORT:Morton, Marcus 1819 births 1891 deaths Members of the Massachusetts House of Representatives Brown University alumni Harvard Law School alumni Chief Justices of the Massachusetts Supreme Judicial Court People from Taunton, Massachusetts 19th-century American politicians 19th-century American judges